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Ann Rostow, Gay.com / PlanetOut.com Network
Lambda Legal has decided not to appeal a March 3 federal court decision out of Lubbock, Texas, and will therefore leave intact the first ruling in history that allows a public school district to reject a gay-straight alliance (GSA).
Prior to Judge Sam Cumming's summary judgment in favor of the Lubbock Independent School District, no less than six federal courts had ruled that schools are obligated by federal law to recognize this type of after-school club. Under the federal Equal Access Act, schools may not discriminate based on viewpoint between extracurricular student groups. The act was originally passed in order to protect Bible clubs.
According to Lambda's Brian Chase, the students involved in the Lubbock lawsuit are either graduating next month, or have already graduated, so the prospect of a drawn-out appeal was unwelcome. Further, Chase said, Judge Cummings' ruling was not binding on any other court, and was easily distinguished by the facts of the Lubbock case.
Indeed, Cummings' decision relied in part on arguments that are unlikely to reappear in future lawsuits of this type. The judge determined that because the GSA planned to include the promotion of safe-sex as one of its goals, the club would automatically be violating school policy that prohibited any discussion of safe sex or birth control. He also disparaged a club Web site that included a link to Gay.com, even though the club had removed that link before even applying for recognition.
Finally, Cummings agreed with the school district that state laws banning underage sex somehow proved that Texas had "a compelling interest in preventing groups based upon sex, sexual content and sexual activity from gaining recognition in public schools."
But even if the Lubbock ruling has its own peculiarities, it is likely nonetheless to encourage conservative school districts to fight gay clubs down the road. According to the New Orleans Times-Picayune, a local district that is considering disbanding a GSA has asked its attorneys to investigate the Lubbock ruling.
Both Louisiana and Texas are under the jurisdiction of the U.S. Court of Appeals for the 5th Circuit, a conservative federal appellate court that could be a dangerous place to test the scope of the Equal Access Act. To date, no GSA case has ever reached the federal appellate level, one rung down from the U.S. Supreme Court (news - web sites).
"Always forgive your enemies...nothing annoys them quite so much." Oscar Wilde
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